Guidance to Nonprofits Regarding Immigration Enforcement

July 27, 2017

With aggressive immigration enforcement under the Trump administration keeping many immigrants away from court or healthcare providers for fear of arrest, nonprofit organizations serving immigrant populations should be fully versed in the rights of their clients and familiar with best practices, a guide from the New York Lawyers for the Public Interest advises. Developed in partnership with Paul, Weiss, Rifkind, Wharton & Garrison LLP and Stroock & Stroock & Lavan LLP, with help from the Northwest Immigrant Rights Project, Guidance to Nonprofits Regarding Immigration Enforcement (10 pages, PDF) answers questions about the types of warrants immigration agents need to enter public- and non-public spaces within a nonprofit facility; how nonprofits should respond to a subpoena demanding information about a client; which client information is protected; and how nonprofit staff should respond during an immigration enforcement action. Nonprofits also may provide clients with "Know Your Rights" resources, and if a client is detained, staff may lawfully record video, ask ICE agents where the client will be detained, and ask agents' permission to obtain from the client contact information of those to be notified.